(영문) 광주고등법원 2018.12.12 2018나23239

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크기(pt)

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줄 간격

자간(%)

(영문) 광주고등법원 2018.12.12 2018나23239

총회결의무효확인

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiffs citing the reasoning of the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted to the court of first instance was presented to this court, the fact-finding and judgment of the court of first instance are justified.

Therefore, the reasoning for the court’s explanation on the instant case is as follows, and the reasoning for the court’s explanation is as stated in the part of the first instance judgment, except for an additional determination as to the allegations made by the Plaintiffs in this court as set forth in paragraph (2). As such, it is cited as it is by the main text of

The part written after the amendment shall be referred to as "CA" in the 10th 16th juries of the first instance judgment.

The term “AU” in Part 17 of the judgment of the court of first instance shall be read as “AU (former CB)”.

2. Additional determination

A. The plaintiffs' assertion 1) The plaintiffs asserted that the general assembly of this case should be excluded from the calculation of the quorum of the general assembly of this case in the case of related provisional disposition 1) the part that the court recognizes as excluded from the calculation of the quorum of the general assembly of this case should also be excluded from the calculation of the quorum of the general assembly of this case, and the power of attorney in the name of AR, AS, and AT should also be excluded from the calculation of the quorum of the general assembly of this case as well as from the calculation of the quorum of the general assembly of this case in the case of the application for provisional disposition of suspending the execution of duties against G et al. elected by part of the defendant union of this case by the general assembly of this case for reasons of defects in the procedure of confirming the quorum of the general assembly of this case and lack of the quorum of the general assembly of this case.

참조조문

-민사소송법 제420조

유사 판례

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-서울중앙지방법원 2018.07.19 2017나86752

-인천지방법원 2013.10.25 2013노1760